Minnesota Legislature
HF 1567
1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:52am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 03/11/2009 | |
| 1st Engrossment | Posted on 03/19/2009 |
Current Version - 1st Engrossment
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A bill for an act
relating to health; making technical changes to electronic prescription drug
program; requiring medication therapy management; amending Minnesota
Statutes 2008, section 62J.497, subdivisions 1, 2; proposing coding for new law
in Minnesota Statutes, chapter 62Q.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 62J.497, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
For the purposes of this section, the following terms
have the meanings given.
new text begin
(a) "Backward compatible" means that the newer version of a data transmission
standard would retain, at a minimum, the full functionality of the versions previously
adopted, and would permit the successful completion of the applicable transactions with
entities that continue to use the older versions.
new text end
deleted text begin (a)deleted text end new text begin (b) new text end "Dispense" or "dispensing" has the meaning given in section 151.01,
subdivision 30. Dispensing does not include the direct administering of a controlled
substance to a patient by a licensed health care professional.
deleted text begin (b)deleted text end new text begin (c) new text end "Dispenser" means a person authorized by law to dispense a controlled
substance, pursuant to a valid prescription.
deleted text begin (c)deleted text end new text begin (d) new text end "Electronic media" has the meaning given under Code of Federal Regulations,
title 45, part 160.103.
deleted text begin (d)deleted text end new text begin (e) new text end "E-prescribing" means the transmission using electronic media of prescription
or prescription-related information between a prescriber, dispenser, pharmacy benefit
manager, or group purchaser, either directly or through an intermediary, including
an e-prescribing network. E-prescribing includes, but is not limited to, two-way
transmissions between the point of care and the dispenser.
deleted text begin (e)deleted text end new text begin (f) new text end "Electronic prescription drug program" means a program that provides for
e-prescribing.
deleted text begin (f)deleted text end new text begin (g) new text end "Group purchaser" has the meaning given in section 62J.03, subdivision 6.
deleted text begin (g)deleted text end new text begin (h) new text end "HL7 messages" means a standard approved by the standards development
organization known as Health Level Seven.
deleted text begin (h)deleted text end new text begin (i) new text end "National Provider Identifier" or "NPI" means the identifier described under
Code of Federal Regulations, title 45, part 162.406.
deleted text begin (i)deleted text end new text begin (j) new text end "NCPDP" means the National Council for Prescription Drug Programs, Inc.
deleted text begin (j)deleted text end new text begin (k) new text end "NCPDP Formulary and Benefits Standard" means the National Council for
Prescription Drug Programs Formulary and Benefits Standard, Implementation Guide,
Version 1, Release 0, October 2005.
deleted text begin (k)deleted text end new text begin (l) new text end "NCPDP SCRIPT Standard" means the National Council for Prescription
Drug Programs Prescriber/Pharmacist Interface SCRIPT Standard, Implementation Guide
Version 8, Release 1 (Version 8.1), October 2005new text begin , or the most recent standard adopted by
the Centers for Medicare and Medicaid Services (CMS) for e-prescribing under Medicare
Part D as required by section 1860D-4(e)(4)(D) of the Social Security Act. The standards
shall be implemented in accordance with the CMS schedule for compliance. Subsequently
released versions of the NCPDP SCRIPT Standard may be used, provided that the new
version of the standard is backward compatible to the current version adopted by CMSnew text end .
deleted text begin (l)deleted text end new text begin (m) new text end "Pharmacy" has the meaning given in section 151.01, subdivision 2.
deleted text begin (m)deleted text end new text begin (n) new text end "Prescriber" means a licensed health care deleted text begin professional who is authorized to
deleted text end deleted text begin prescribe a controlled substance under section deleted text end deleted text begin 152.12, subdivision 1deleted text end new text begin practitioner, other
than a veterinarian, as defined in section 151.01, subdivision 23new text end .
deleted text begin (n)deleted text end new text begin (o) new text end "Prescription-related information" means information regarding eligibility for
drug benefits, medication history, or related health or drug information.
deleted text begin (o)deleted text end new text begin (p) new text end "Provider" or "health care provider" has the meaning given in section 62J.03,
subdivision 8.
Sec. 2.
Minnesota Statutes 2008, section 62J.497, subdivision 2, is amended to read:
Subd. 2.
Requirements for electronic prescribing.
(a) Effective January 1, 2011,
all providers, group purchasers, prescribers, and dispensers must establish deleted text begin anddeleted text end new text begin ,new text end maintainnew text begin ,
and usenew text end an electronic prescription drug program deleted text begin that compliesdeleted text end new text begin . This program must complynew text end
with the applicable standards in this section for transmitting, directly or through an
intermediary, prescriptions and prescription-related information using electronic media.
(b) deleted text begin Nothing in this section requires providers, group purchasers, prescribers, or
dispensers to conduct the transactions described in this section.deleted text end If transactions described in
this section are conducted, they must be done electronically using the standards described
in this section. Nothing in this section requires providers, group purchasers, prescribers,
or dispensers to electronically conduct transactions that are expressly prohibited by other
sections or federal law.
(c) Providers, group purchasers, prescribers, and dispensers must use either HL7
messages or the NCPDP SCRIPT Standard to transmit prescriptions or prescription-related
information internally when the sender and the recipient are part of the same legal entity. If
an entity sends prescriptions outside the entity, it must use the NCPDP SCRIPT Standard
or other applicable standards required by this section. Any pharmacy within an entity
must be able to receive electronic prescription transmittals from outside the entity using
the deleted text begin adopteddeleted text end NCPDP SCRIPT Standard. This exemption does not supersede any Health
Insurance Portability and Accountability Act (HIPAA) requirement that may require the
use of a HIPAA transaction standard within an organization.
deleted text begin
(d) Entities transmitting prescriptions or prescription-related information where the
prescriber is required by law to issue a prescription for a patient to a nonprescribing
provider that in turn forwards the prescription to a dispenser are exempt from the
requirement to use the NCPDP SCRIPT Standard when transmitting prescriptions or
prescription-related information.
deleted text end
Sec. 3.
new text begin
[62Q.676] MEDICATION THERAPY MANAGEMENT.
new text end
new text begin
A pharmacy benefit manager that provides prescription drug services must provide
medication therapy management services for enrollees taking four or more prescriptions to
treat or prevent two or more chronic medical conditions. For purposes of this subdivision,
"medication therapy management" means the provision of the following pharmaceutical
care services by a Minnesota licensed pharmacist to optimize the therapeutic outcomes of
the patient's medications:
new text end
new text begin
(1) performing a comprehensive medication review to identify, resolve, and prevent
medication-related problems, including adverse drug events;
new text end
new text begin
(2) communicating essential information to the patient's other primary care
providers; and
new text end
new text begin
(3) providing verbal education and training designed to enhance patient
understanding and appropriate use of the patient's medications.
new text end
new text begin
Nothing in this section shall be construed to expand or modify the scope of practice
of the pharmacist as defined in section 151.01, subdivision 27.
new text end